DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,735

PHILLIPS PLASTICS CORPORATION
MULTI SHOT FACILITY
EAU CLAIRE, WISCONSIN

Notice of Negative Determination
on Reconsideration

On March 5, 2004, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of the subject firm. The Department
published the Notice in the Federal Register on March 16, 2004
(69 FR 12351).
The initial Trade Adjustment Assistance petition, dated
December 4, 2003, was filed on behalf of workers at Phillips
Plastics Corporation, Eau Claire, Wisconsin. The petition was
denied based on no sales decline, no company imports and no shift
of production during the relevant time period.
In a letter dated February 6, 2004, the petitioner requested
administrative reconsideration of the Department’s negative
determination. The petitioner alleged that production declined
during October-December 2003, that sales may decline in 2004 from
previous levels, and that 2003 sales declined from 2002 levels.
The relevant time period of the investigation is one year
prior to the date of the petition through the date of the
decision. Therefore, events which occur outside the relevant
time period cannot be considered.
The Department conducted an investigation to determine
whether subject company production of molded parts declined
during the relevant time period. The investigation revealed that
while production decline during October-December 2003 as alleged,
the decline occurred in only one month and increased in the other
two months as compared to the corresponding time period in 2002.
The investigation also revealed that while production fluctuated
during 2003, overall production for 2003 was greater then overall
production for 2002.
Petitioner’s allegation of sales declines in 2004 was not
investigated because it falls outside the relevant time period
and therefore cannot be considered.
The Department also investigated whether subject facility
sales declined in 2003 from 2002 levels. The investigation
revealed that sales increased in 2003 from 2002 levels.
Conclusion
After reconsideration, I affirm the original notice of
negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of Phillips
Plastics Corporation, Eau Claire, Wisconsin.

Signed at Washington, D.C., this 5th day of May, 2004.
/s/ Elliott S. Kushner

_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance